McSparrin v. Direct Ins., 07-934.

• Decision Date: 24 April 2008
• Docket Number: No. 07-934.,07-934.
• Parties: Diana McSPARRIN, Appellant, v. DIRECT INSURANCE, Appellees.
• Court: Arkansas Supreme Court

283 S.W.3d 572

373 Ark. 270

Diana McSPARRIN, Appellant, v. DIRECT INSURANCE, Appellees.

No. 07-934.

Supreme Court of Arkansas.

April 24, 2008.

W. Marshall Prettyman, Legal Aid of Arkansas, for appellant.

Barrett & Deacon, P.A., by: Barrett Deacon and Brandon J. Harrison, Jonesboro, AR, for appellee.

TOM GLAZE, Justice.

On July 19, 2006, at approximately 3:00 a.m., appellant Diana McSparrin repeatedly rammed her car five or six times into Joshua Dark's 1991 GMC Jimmy, which was parked outside Dark's home and unoccupied at the time. McSparrin's successive impacts moved Dark's vehicle a distance of almost fifty feet, until it stopped against a car belonging to McSparrin's ex-boyfriend, Thomas Dennis. Dennis lived next door to the Dark family, and McSparrin testified that she might have been upset with Dennis before she began drinking at Dennis's house, but said that she could not recall ramming into Dark's vehicle because she was intoxicated at the time.

After hearing McSparrin's first impact into Dark's vehicle, Dark's father called 911. Officers from the Fayetteville Police Department arrived at the scene and arrested McSparrin for Driving While Intoxicated after she failed a sobriety test. McSparrin's insurer, Direct Insurance Company (Direct), later filed an action for a declaratory judgment and alleged that because McSparrin had intentionally driven her vehicle into Joshua Dark's vehicle, Direct did not have a duty to defend or indemnify McSparrin under an exclusionary clause in her automobile policy which reads, "[Direct] do[es] not provide Liability Coverage for any covered person who intentionally causes bodily injury or property damage."

The trial court held a one-day bench trial, and found that, although "it is undisputed Ms. McSparrin was drunk," the facts demonstrated that McSparrin intentionally rammed Dark's vehicle. As a result, the trial court further held that the exclusionary clause applied, and that Direct did not have a duty to defend or indemnify McSparrin. McSparrin raises one point on appeal, arguing that the trial court erred because she could not have intentionally rammed Dark's vehicle due to her voluntary intoxication.

The standard of review on appeal from a bench trial is whether the circuit court's findings were clearly erroneous or clearly against the preponderance of the evidence. See Murphy v. City of West Memphis, 352 Ark. 315, 101 S.W.3d 221 (2003). This court views the evidence in a light most favorable to the appellee, resolving all inferences in favor of the appellee. See Arkansas Transit Homes, Inc. v. Aetna Life & Cas., 341 Ark. 317, 16 S.W.3d 545 (2000).

When construing insurance policies, this court adheres to the rule that, where terms of the policy are clear and unambiguous, the policy language controls, and absent statutory strictures to the contrary, exclusionary clauses are generally enforced according to their terms. Smith v. Shelter Mut. Ins. Co., 327 Ark. 208, 937 S.W.2d 180 (1997). "The insurer has the burden of proving an exclusion." Arkansas Farm Bureau Ins. Fed'n v. Ryman, 309 Ark. 283, 286, 831 S.W.2d 133, 134 (1992).

This court has not directly addressed whether voluntary intoxication prevents an individual from forming the intent required to trigger an exclusionary clause. Although the parties concede that there are no Arkansas cases directly on point, McSparrin relies on a case decided by the federal district court, Great American Insurance Co. v. Ratliff, 242 F.Supp. 983 (E.D.Ark.1965).¹ There, an individual named Allen Holland repeatedly rammed T.J. Ratliff from behind as the vehicles traveled on an Arkansas state highway. Eventually, Ratliff's vehicle turned over, causing him personal injuries. Ratliff filed suit against Holland for damages, and Holland's insurance company filed an action for a declaratory judgment, asserting that it did not have a duty to defend or indemnify Holland due to an exclusionary clause which provided that the policy did not apply to injuries "caused intentionally by or at the direction of the insured." Id. at 985. The federal district court found that a preponderance of the evidence showed that Holland "intended to inflict at least some degree of injury and damage upon Ratliff and his property" based on the principle that "a person in the possession of his faculties intentionally does an act from which injury to another will probably and forseeably result." Id. at 992. Accordingly, "Ratliff's injuries were excluded from the coverage of [Holland's] policy." Id.

McSparrin asserts that the Ratliff decision was based on the ill will that existed between the parties, which she contrasts with the facts in her case; she contends there was no evidence of animus between herself and Joshua Dark. Additionally, McSparrin argues that the Ratliff case suggests an individual's actions are not intentional if he is not in complete control of his faculties. However, in Ratliff, there never was an issue as to whether Holland was "in possession of his faculties" when he rammed Ratliff. Regardless, more convincing and applicable to the present appeal, is the Ratliff court's statement that "the presence or absence of particular intent can be inferred logically and legally from the facts and circumstances leading up to, surrounding, and following the act or omission in question." Id. Just as the Ratliff court held that Holland acted intentionally because he pursued and repeatedly drove into the rear of Ratliff's car, finally causing it to overturn, the trial court in the present case similarly found that after McSparrin's initial impact with Joshua Dark's vehicle, she rammed it five additional times, backing up approximately ten feet and revving the engine before each successive impact.

Direct responds to McSparrin's point for reversal by asserting that the "key legal principles" found in a decision by the Arkansas Court of Appeals in National Investors Life...